TERMS AND CONDITIONS AFFILIATE PROGRAM
SECTION 1 – INTRODUCTION
This Terms and Conditions Agreement is a binding, legal contract between you, the “Affiliate” and “ViralPhysique” (hereafter known as “Company”). The Affiliate Program is administered through our Company pursuant to the policies at our Company’s website and the membership services (“services”) we offer, as well as the terms stated in these Terms and Conditions. Through this Affiliate Program, all commissions will be paid by the Company according to the services performed and rendered by the Affiliates as outlined on our Company’s website and according to the Terms stated in this document. The Company reserves the right to change the price of the Company’s services, products, and commissions without providing any notifications. Commissions are based on the percentage of the sale of memberships by the Affiliates during his period of membership. Moreover, the Company also has the right to shut down this Affiliate Program without any notice, however, if that were to happen, all due payment and commissions towards all affiliates will be cleared and paid.
SECTION 2 – THE AFFILIATE
The “Affiliate” shall mean the individual or entity which applies for membership to the Affiliate Program of the Company which will be in accordance with the terms and conditions set forth herein and agrees with and accepts these terms and conditions and the Company. Affiliate is solely an Independent Contractor when acting as an Affiliate. No partnership, joint venture, or other legal entity is created between Company and Affiliate. Affiliate represents and warrants to Company, that Affiliate has read and understands the Company Policies that are set forth on our website and agree to the terms set forth therein.
2.2. – Requirements Of An Affiliate
- All affiliates must be 18 years of age or older. If you are under 18 years of age you are not permitted to be an affiliate.
- An affiliate should be capable of making his/her own decisions.
- An affiliate should not be barred by law to enter into contracts, agreements, or programs.
- An affiliate must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process for an Affiliate account (“account”)
- Affiliate’s account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit any affiliate to share usernames and passwords with any other person nor with multiple users on a network. Responsibility for the security of any usernames and passwords issued (including those of any Invitees) rests with you.
- You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 3 – AFFILIATE’S RELATION WITH THE COMPANY
Affiliate must acknowledge and understand that he/she is working only as an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Company and Affiliate. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
SECTION 4 – CLIENT, MEMBER, AND SUBSCRIBER
Any person who buys the subscription through the ViralPhsique website is considered a client, customer, member, or subscriber. This includes all such persons who will buy our services through respective affiliate links. All rules for our website’s regarding the general usage will apply to all of our clients, customers, members, and subscribers. We may change our policies and operating procedures at any time. ViralPhysique and the owner(s) are not responsible for any representations made by the Affiliate that may go against any of our rules, policies, and regulations.
SECTION 5 – AUTHORITY OF COMPANY
Company reserves the right to amend these Terms as needed from time to time, and the Affiliate agrees that any and all such amendments will apply to the Affiliate. The continuation of Affiliate status, promoting or marketing the Company, Company products or services, or Affiliate’s acceptance of commission income, shall constitute Affiliate’s acceptance of any and all amendments. Affiliate agrees to review these Terms and Conditions for any changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner. The date of the last change or addition to these Terms is posted at the end of this document.
5.1. – Termination
ViralPhysique has the authority at its sole discretion, the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other services provided on or through ViralPhysique’s website and either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax.. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. We reserve the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the ViralPhysique’s website and all our images and other materials provided under the Program
SECTION 6 – AFFILIATE’S SCOPE OF WORK
Affiliate will provide the following services:
- Affiliate will be responsible for marketing and promoting the Company’s services, products, content, videos, materials, promotions (“Services”), and any other offerings that Company may offer from time to time.
- Affiliate will collect and convey to Company contact information on each prospective client, customer, or any other person who wished to avail of the services of the Company. All marketing contact information will be provided to the Company in an electronic format periodically as determined by the company.
- Affiliate agrees to receive e-mail from our Company, including but not limited to, sales reports, training, promotional resources, newsletters, and other correspondence.
- Affiliate agrees to only present Company, Company products, and services as set forth in the official Company website or Company marketing materials.
- Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated at the official Company Website. Affiliate also agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
- Affiliate agrees not to disparage Company, Company products, or services other Company Affiliates in any manner.
SECTION 7 – REFERRAL LINKS AND BUSINESS PROMOTION
After the Affiliate has been registered with our Affiliate Program, they will be provided with a link that must be used to identify you when placing a link from your site, email, or other communications to the Viral Physique website. It would be the responsibility of the Affiliate to make sure that each such link is correctly formatted.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site
Affiliates are prohibited to use our brand name, logo, or image in any bulk email, mass promotional content unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
An Affiliate has no authority to issue any press release with respect to this Agreement or your participation in the Program; such action may result in the Affiliate’s account termination from the Program. In addition, an Affiliate may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of ViralPhysique, or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
SECTION 8 – TRADEMARK, IP AND COPYRIGHTED COMPLIANCE
An Affiliate is solely responsible for ensuring that any products, descriptions, reviews, links, content, and articles are completely in compliance with all the applicable copyright laws, intellectual property (IP), and trademark laws. ViralPhysique will not be held liable for any infringement of any copyright claim that an Affiliate has committed through his/her website in the process of posting ViralPhysique’s links.
SECTION 9 – COMMISSIONS
We will determine the prices to be charged for services sold under this Affiliate Program in accordance with our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display service prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
For the sale of a subscription to be eligible to earn a referral fee, the customer brought by the Affiliate must click-through a link from your site, email, or other communications to ViralPhysique’s website and sign up within 7 days of the initial click-through for our membership. If they fail to sign up within those 7 days and later return without following your link, you will not earn a referral fee.
The Client can be verified as a referral from Affiliate or comes to Company through a qualifying link from an authorized marketing website, blog, social media page, or account owned or controlled by Affiliate and the Client accepts terms and rules of the Company while buying services and remits full payment to Company for all the services
We will only pay referral fees on links that are automatically tracked and reported by Ultimate Affiliate Pro (“system”). For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
The referral commissions are divided into 2 tiers and will be paid accordingly. The 2 tiers and the referral details are described as follows:
Tier Referral Percentage Number of Referrals
- Premium 20% of membership amount 0-20
- Ultimate 30% of membership amount 20+
The referral fee will be credited to your Affiliate account once the customer pays their subscription. Referral fees are only earned if a customer makes a payment in full. If you want to know more about our commissions and payment options, contact us at email@example.com.
SECTION 10 – PAYMENTS
- The Company shall pay commissions due to Affiliate every month within 30 days of the end of each calendar month.
- All Affiliate payments will be made in the currency of US dollars and Euro. If a sale is canceled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off, and returned goods. The Company reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
- The accrued commission will be paid through Stripe. In order to receive the payment through bank transfer, an Affiliate must have a valid bank account.
- Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sales tracked and recorded to qualify for commissions. Company is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links.
- The company will only pay commissions on sales that are tracked through our tracking system (currently Ultimate Affiliate Pro) and indicate Affiliate as the source of the visit to the Company website. Affiliate has no right to commissions if a buyer later returns to the Company site through another Affiliate link or source and makes a purchase.
- If this Affiliate program shuts down, all the money earned by the Affiliate will be paid to him/her unless our Company goes bankrupt.
SECTION 11 – EARNINGS & INCOME DISCLAIMERS
- Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. There is no assurance that you’ll do as well. If you rely upon our figures, you must accept the risk of not doing as well.
- Where specific income figures are used and attributed to an individual or business, those persons or businesses have earned that amount. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.
- Any and all claims or representations, as to income earnings on this web site, are not to be considered as average earnings. Testimonials are not representative.
- There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
- Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore, we do not guarantee or imply that you will win any incentives or prizes that may be offered, get rich, that you will do as well, or make any money at all. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.
- Internet businesses and earnings derived therefrom, have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could experience significant losses, or make no money at all. Only risk capital should be used.
- Users of our products, services, and web site are advised to do their own due diligence when it comes to making business decisions, and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this website should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them. All disclosures and disclaimers made herein or on our website, apply equally to any offers, prizes, or incentives, that may be made by our company.
- You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.
SECTION 12 – GENERAL CONDITIONS
You hereby agree to indemnify and hold harmless Viralphysique.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
SECTION 13 – GENERAL CONDITIONS
- Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Company, Company products and services, and Affiliate agrees to hold Company harmless from the same.
- The Company obligations and Affiliate remedies are solely and exclusively as described and limited in these Terms and Conditions and if applicable, on the Company’s website affiliate information. Company liability, whether based on contract, tort, warranty, strict liability, or other legal claims, shall not exceed the price of the individual goods, products, services, or commission owed, whose alleged defect or damage is the basis of the claim. In no event shall Company be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage to Affiliate.
- Company has zero-tolerance toward any Affiliates associated with spam. The accounts of Affiliates associated with spam are immediately terminated as soon as the violation is verified, with a cancellation of any pending monies or commissions owed. Company will immediately terminate any Affiliate account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. Company will report spam, along with all the spammer’s identifying information, to the Federal Trade Commission and other agencies for civil and criminal prosecution.
- Affiliate agrees to comply with all spam laws, including but not limited to the Federal CAN-SPAM Act.
- Affiliate understands that any disparagement to any of the terms, conditions rules of these Terms and Conditions or any other rules of the website may result in the immediate suspension or termination of the Affiliate account with a cancellation of any pending commissions.